Labor Laws & Money Blog

WASHINGTON – Acting Secretary of Labor Keith Sonderling issued the following statement regarding the August 2026 Employment Situation Report:“President Trump’s economic comeback continues to deliver for American workers and businesses, as this Administration has now surpassed 1 million new private-sector jobs. In August, the economy added 162,000 jobs, tripling expectations and marking the second-largest monthly gain of President Trump’s second term. This year alone, the U.S. economy has added 643,000 jobs.“After years of decline, American manufacturing continues to rebound exactly as President Trump promised. Fueled by trillions of dollars in historic investments, manufacturing and construction have now added jobs for three consecutive months.” 

In the week ending August 29, the advance figure for seasonally adjusted initial claims was 206,000, an increase of 2,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 203,000 to 204,000. The 4-week moving average was 207,250, an increase of 1,500 from the previous week's revised average. The previous week's average was revised up by 250 from 205,500 to 205,750.

MIAMI – The U.S. Department of Labor has recovered $732,976 for 31 Florida restaurant workers from a Pompano Beach seafood restaurant owner who failed to pay the workers their full wages.Lucky King LLC – operating as Miyako Japanese Buffet – paid most employees a monthly salary between $1,000 to $3,000, even though employees typically worked more than 40 hours per week. The department’s Wage and Hour Division investigators determined the employer also failed to pay minimum wage for all hours worked and maintain required records, all in violation of the Fair Labor Standards Act.Federal recordkeeping regulations require employers to keep records for each employee covered by the FLSA, including identification details, hours worked, and the wages earned.Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act. Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

In the week ending August 22, the advance figure for seasonally adjusted initial claims was 203,000, a decrease of 4,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 206,000 to 207,000. The 4-week moving average was 205,500, an increase of 1,250 from the previous week's revised average. The previous week's average was revised up by 250 from 204,000 to 204,250.

WASHINGTON – The U.S. Department of Labor announced today that its Employee Benefits Security Administration, along with the departments of Health and Human Services and Treasury, issued guidance related to questions raised in dozens of class-action lawsuits challenging the tobacco surcharges some employers add to premiums for their group health plans through workplace wellness programs. The Health Insurance Portability and Accountability Act of 1996 and the Affordable Care Act allow employers to reward employees for healthy habits through wellness programs. Wellness programs can cover things like nutrition, weight loss, tobacco cessation, fitness, alcohol and drug abuse assistance, managing stress, or general health education.The FAQs released today announce the departments’ approach to enforcement for health-contingent wellness programs, which are programs that reward an employee if they satisfy a standard related to a health factor. Until further guidance or regulations are issued, the departments will not take enforcement action against plans or issuers that do not give employees the wellness program reward retroactively to the beginning of the plan year after the employee completes a reasonable alternative standard. Under the terms of the enforcement relief in these FAQs, plans and issuers only need to provide the reward prospectively, from the point where the employee completes the alternative standard, if retroactive rewards are not otherwise provided.The FAQs also address plans’ and issuers’ disclosure obligations related to health-contingent wellness programs. Specifically, if plan materials merely mention that a health-contingent wellness program is available, without describing its terms, the plan or issuer is not required to disclose the availability of a reasonable alternative standard to qualify for the reward under the wellness program.“The experimental nature of wellness programs enables them to drive significant and clinically meaningful health maintenance and improvements,” said Assistant Secretary for Employee Benefits Security Daniel Aronowitz. “This guidance makes clear to sponsors and issuers that, as long as they are offering reasonably designed, and otherwise non-discriminatory wellness programs, they will not be penalized for wanting to help motivate the people they cover to make efforts to improve their health.”Employers and workers can contact EBSA at askebsa.dol.gov or call 866-444-3272 toll-free for help with private sector job-based retirement and health plans.Read the FAQs on wellness programs in employer-sponsored health plans.